Introduction
These Terms and Conditions ("Terms") govern your access to and use of the website [gumclip.com] (the "Website"), the GumClip web analytics service ("Service"), and all related services offered by Antifragile Technologies FZ LLC, operating as GumClip and located in Dubai, UAE ("GumClip", "we," "us," "our"). By accessing or using the Website or Service, you ("you" or "User") agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Website or Service.
Use of the Service
2.1 Eligibility
To use the Service, you must be at least 18 years of age and have the legal capacity to enter into contracts. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2.2 Account Creation
To access certain features of the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
2.3 Use Restrictions
- Use the Service for any illegal or unauthorized purpose.
- Interfere with or disrupt the integrity or performance of the Service.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
- Use the Service to collect or store Personal Information about other users without their consent.
- Use the Service to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
- Violate any applicable laws, regulations, or third-party rights.
Content
3.1 User Content
The Service may allow you to submit or upload content ("User Content"). You retain all ownership rights to your User Content. By submitting or uploading User Content, you grant GumClip a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content for the purposes of providing and improving the Service.
3.2 GumClip Content
The content on the Website and the Service, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of GumClip or its licensors and is protected by international copyright laws.
Intellectual Property Rights
4.1 GumClip Trademarks
The GumClip name, the GumClip logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GumClip. You may not use these trademarks without our prior written permission.
4.2 Ownership of Intellectual Property
The Service and its underlying technology are protected by intellectual property rights, including patents, copyrights, trademarks, and trade secrets. You agree not to modify, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
Payment and Billing
5.1 Subscription Fees
Access to certain features of the Service may require a paid subscription. Subscription fees are payable in advance and will be billed to you on a recurring basis, as specified in your subscription plan.
5.2 Payment Methods
We accept various payment methods, which may be updated from time to time. You are responsible for providing and maintaining valid payment information.
5.3 Refunds
We do not offer refunds for subscription fees.
Term and Termination
6.1 Term
These Terms are effective as of the Effective Date and will remain in effect until terminated by either party as set forth herein.
6.2 Termination by You
You may terminate your account and your access to the Service at any time by contacting us at [email protected].
6.3 Termination by GumClip
We may terminate/suspend your account and your access to the Service, in our sole discretion, for any fraudulent reason, at any time without notice.
6.4 Effect of Termination
Upon termination of your account, you will no longer have access to the Service, and any data associated with your account may be deleted. You are responsible for downloading and backing up any User Content you wish to retain prior to termination.
Disclaimers
7.1 No Warranties
The Service is provided "as is" and "as available," without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free.
7.2 Limitation of Liability
To the maximum extent permitted by law, GumClip shall not be liable for any damages arising from your use of the Website or Service, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages.
8. Indemnification
You agree to defend, indemnify, and hold harmless GumClip, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including attorney's fees and costs) arising from or related to your use of the Website or Service, your violation of these Terms, or your violation of any rights of any third party.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Dubai, UAE, without regard to its conflict of laws provisions.
10. Entire Agreement
These Terms constitute the entire agreement between you and GumClip relating to your use of the Website and the Service.
11. Waiver and Severability
No waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party. If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced.
12. Notices
We may provide notices to you by email, regular mail, or postings on the Website.
13. Contact Us
If you have any questions about these Terms, please contact us at [email protected]